The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council's decision to seek a care order for the complainants son, and about how the Council has dealt with contact arrangements and a residential placement for his son. This is because the matters raised are subject to court proceedings, which places them outside of the Ombudsman’s jurisdiction.
The complaint
The complainant, who I will call Miss X complains about the Council’s decision to seek a care order for her son. She also complains about contact arrangements and the suitability of her son’s residential placement.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council applied to the courts for a care order for Miss X’s son, under Section 20 of the Children Act 1989, but the case was subsequently withdrawn as there was not enough time for proceedings to conclude prior to his 17th birthday. The Council therefore made the decision to transfer its case to the Court of Protection.
We cannot investigate the matters Miss X complains about. This is because they are matter subject to proceedings within the Court of Protection. This places them outside of our jurisdiction because of the restrictions on out investigations detailed in paragraph 3.
Final decision
We cannot investigate Miss X’s complaint because the matters she raises are subject to court proceedings.
Investigator's decision on behalf of the Ombudsman